24
N(1. 2[1s52
Act Nfj. 2. 2[}0{}
GO\ ’ERNklENT G,4Z};TTli. 3
FEBR[,4RY ~[)()()
I’R0310TIOS OF ACCESS TO INFOR\l,4T10N ,4 CT. 2000”
(3)(a) If u request for access to a record of a public body must or may be refused in
terms of subsection ( I )((/) or (})). or could, if it existed. be so refused. and the disclosure
of the existence or non-existence of the record would be likely to cause the harm
contemplated in subsection ( 1 )({/) or (b). the information officer concerned may refuse
5
to confirm or deny the existence or non-existence of the record.
(b) If the information officer so refuses to confirm or deny the existence or
non-existence of the record, the notice referred to in section 25(3) must—
(i) state that fact;
(ii) identify the provision of subsection (1 )(a) or (b) in terms of which access
10
would have been refused if the record had existed;
(iii) state adequate reasons for the refusal, as required by section 25(3), in so far as
they can be given without causing the harm contemplated in any provision of
subsection ( 1 )(a) or (b): and
(iv) state that the requester concerned may lodge an internal appeal or an
application with a court. as the case may be, against the refusal as required by 15
section 25(3).
Mandatory protection of records privileged from production in legal proceedings
40. The information officer of a public body must refuse a request for access to a
record of the body if the record is privileged from production in legal proceedings unless
20
the person entitled to the privilege has waived the privilege.
Defence, security and international relations of Republic
41. (1) The information officer of a public body may refuse a request for access to a
record of the body if its disclosure—
(a) could reasonably be expected to cause prejudice t~
25
(i) the defence of the Republic;
(ii) the security of the Republic; or
(iii) subject to subsection (3), the international relations of the Republic; or
(b) would reveal inforrnation—
(i) supplied in confidence by or on behalf of another state or an international
30
organisation;
(ii) supplied by or on behalf of the Republic to another state or an
international or&anisation in terms of an arrangement or international
agreement, contemplated in section 231 of the Constitution, with that
state or organisation which requires the information to be held in
35
confidence; or
(iii) required to be held in confidence by an international agreement or
customary international law contemplated in section 231 or 232,
respectively, of the Constitution.
(2) A record contemplated in subsection (1), without limiting the generality of that
subsection, includes a record containing in forrnation—
40
(a) relating to military tactics or strategy or military exercises or operations
undertaken in preparation of hostilities or in connection with the detection,
prevention, suppression or curtailment of subversive or hostile activities;
(b) relating to the quantity, characteristics, capabilities, vulnerabilities or deploy45
ment of—
(i) weapons or any other equipment used for the detection, prevention,
suppression or curtailment of subversive or hostile activities; or
(ii) anything being designed, developed, produced or considered for use as
weapons or such other equipment;
(c) relating to the characteristics, capabilities, vulnerabilities, performance, 50
potential, deployment or functions of—
(i) any milita~ force, unit or personnel; or
(ii) any body or person responsible for the detection, prevention, suppression
or curtailment of subversive or hostile activities;
55
(d) held for the purpose of intelligence relating t~
(i) the defence of the Republic;
(ii) the detection, prevention, suppression or curtailment of subversive or
hostile activities; or
(iii) another state or an international organisation used by or on behalf of the
Republic in the process of deliberation and consultation in the conduct of 60
intemat ional affairs;